Executive Council of Australian Jewry & Anor v Scully, Olga & Anor [1998] FCA 66

FEDERAL COURT OF AUSTRALIA

HUMAN RIGHTS LAW - Racial discrimination - Complaint of racial hatred against Jews - Standing to make statutory complaint - Complaint by unincorporated association constituted by corporate members representing the Jewish community in each State and the Australian Capital Territory - Whether association was a "person aggrieved" by the alleged actions - Whether constituent members of the association were "persons aggrieved" - Whether Executive Vice President of the association had standing as a "person aggrieved". EXECUTIVE COUNCIL OF AUSTRALIAN JEWRY and JEREMY JONES v OLGA SCULLY and THE HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION NG968 OF 1997 JUDGE: WILCOX J PLACE: SYDNEY DATE: 13 FEBRUARY 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG968 of 1997

BETWEEN: EXECUTIVE COUNCIL OF AUSTRALIAN JEWRY

First Applicant

JEREMY JONES

Second Applicant

AND: OLGA SCULLY

First Respondent

THE HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

Second Respondent

JUDGE: WILCOX j

DATE OF ORDER: 13 FEBRUARY 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The decision of the Human Rights and Equal Opportunity Commission to dismiss the complaint made by the applicants on 1 August 1996 be set aside. 2. The said Commission hear and determine the said complaint according to law. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG968 of 1997

BETWEEN: EXECUTIVE COUNCIL OF AUSTRALIAN JEWRY

First Applicant

JEREMY JONES

Second Applicant

AND: OLGA SCULLY

First Respondent

THE HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION